We’ve been checking Neeleman’s flight log waiting for the announcement of a new Contract of Carriage. It is finally up and we reviewed the new Contract of Carriage…and Controllable Irregularity is finally defined.
“Controllable Irregularity as used in Section 36, means a delay, cancellation, or diversion that is not caused by Force Majeure Event. For the sake of clarity, if in a chain of multiple events, the original irregularity is due to a Force Majeure Event, the cause of the subsequent event(s) reasonably related to the original irregularity shall be deemed an Uncontrollable Irregularity.”
Now…this, alas, is exactly what we thought it would be. The events of February 14th were a chain of multiple events caused by a Force Majeure Event…although Jetblue was the first to admit the cause of the subsequent events were not reasonably related to the original event in that they wouldn’t have occurred had the original event been handled differently.
An excerpt from the document indicates a Force Majeure Event…
“means an event(s) outside of Jetblue’s reasonable control and includes, but is not limited to, weather conditions; acts of government or airport authorities(e.g. Air Traffic Delays; runway closures; airport construction)…”
It goes on to things like Acts of God…but it does imply, but not, as we hoped, directly state that Jetblue will accept responsibility for situations it failed to handle properly…ie the service meltdown of February 14th and the resulting cancellation of over 1000 flights that has gotten so much attention.
Jetblue’s $1000 Involuntary Denied Boarding Compensation, which many mentioned is an empty gesture due to the fact they do not overbook, has several exceptions which indicate the circumstances under which you’d be unable to claim it. Of course, if you volunteer to give up a seat and accept what they offer you, you are not entitled to it. And obviously if you were denied boarding because you failed to comply with the sections of the Contract regarding the travel experience(ticketing, reconfirmation, check-in, acceptability for transportation), but it does allow a waiver if Jetblue substitutes equipment of lesser capacity for operational or safety reasons. So if your A320 is replaced by an E190…you get NOTHING.
Then there is the actual Bill of Rights(Defined as Section 36)…Things to note…
- All refunds of oneway or roundtrip travel exclude taxes and fees
- Jetblue promises to notify passengers of delays, cancellations, diversions, and the causes of those by website, email, telephone, or airport and onboard announcements
- If Jetblue cancels a flight, you are entitled to a full refund or reaccomodation on a future flight at no charge. If they cancel it within 12 hours, and it is due to that Controllable Irregularity, you also get a Voucher equal to the value of the roundtrip.
- Departure Delays due Controllable Irregularities have been clarified slightly
- Delayed 1 hour to 1 hour, 59 minutes – $25 voucher
- 2 hours to 3 hours, 59 minutes – $50 voucher
- 4 – 5 hours, 59 minutes – Voucher for the value of the one-way before taxes and fees
- 6 or more hours – Voucher for the value of the roundtrip before taxes and fees
- Ground Delays on Arrival – Regardless of Cause
- 30-59 minutes after scheduled arrival time – $25 voucher
- 1 hour to 1 hour, 59 minutes – $100 voucher
- 2 hours to 2 hours, 59 minutes – Voucher equal to the one-way fare before taxes and fees
- 3 hours of more – Voucher equal to the roundtrip fare before taxes and fees
- Ground Delays on Departure
- 3 hours to 3 hours 59 minutes – $100 voucher
- 4 hours or more – Voucher equal to the roundtrip fare before taxes and fees
- Ground Delays of Any Type exceeding five hours are assured Jetblue will take necessary action to deplane them and provide food, drink, restrooms and medical treatment as needed.
Sort of a mixed bag, it seems. We still stand behind them for any effort. We have yet to see another carrier promising a reform of its Contract of Carriage.
